Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

New York Secure Choice - Man holding coffee on beach looking at sunrise

New York Secure Choice: Key 2026 Deadlines for Employers

New York Secure Choice, the state-facilitated Roth IRA program, officially launched on October 8, 2025. Covered employers face 2026 registration deadlines and new, ongoing payroll and notice obligations. Below is what New York employers need to know now, with the latest official dates and practical guidance.

The New York Secure Choice program only applies to private employers and their employees. Existing state retirement systems remain in place for the public (government) sector. New York joins more than a dozen states now mandating access to payroll-based savings plans in private employment.

Who’s Covered by New York Secure Choice

An employer is covered if it:

  • Has at all times during the previous calendar year employed at least 10 employees in New York;

  • Has been in business at least two years; and

  • Does not offer a qualified retirement plan (such as a 401(k), 403(b), SEP, SIMPLE, or 457(b)).

Employers meeting these criteria must register through the Secure Choice portal. However, those who meet the first two criteria, but already sponsor a qualified plan, must still log in to certify their exemption. Others may still choose to certify exemption (based on size or duration of business) to avoid complications.

At this point, it does not appear that otherwise exempt employers can voluntarily participate in Secure Choice.

Employees are eligible for the program if they are 18 or older and work for a covered employer in New York.

Effective Dates: Staggered 2026 Registration Deadlines

New York Secure Choice has published employer registration deadlines based on employer size:

  • 30 or more employees: March 18, 2026

  • 15–29 employees: May 15, 2026

  • 10–14 employees: July 15, 2026

Employers will receive notice as their deadline approaches, but registration is open now.

Infographic showing New York Secure Choice employer registration deadlines: 30+ employees—March 18 2026; 15–29 employees—May 15 2026; 10–14 employees—July 15 2026.

What the Program Is (and Isn’t)

The Secure Choice program is a state-sponsored, automatic-enrollment payroll-deduction Roth IRA program. It is not an ERISA plan. Employees are automatically enrolled unless they opt out, and each account is an individual Roth IRA owned by the employee, not the employer.

By default, contributions start at 3% of pay. Funds are initially placed in a principal protection option for approximately 30 days. Then they are transferred to an age-based target-date fund, unless the saver chooses otherwise. Employees can elect to automatically increase their contribution by 1% each year, up to a maximum of 10%. Participation is voluntary, and employees may opt out at any time.

Employers cannot make matching or other contributions to the Secure Choice IRAs. They may only deduct and remit from an employee’s earned wages.

As an IRA, employees maintain the same Secure Choice retirement account when they change jobs.

Employer Duties Once You’re in the New York Secure Choice Program

Once registered, employers must:

  1. Upload employee information to the Secure Choice portal.

  2. Allow the program to notify employees, who have a 30-day window to opt out or adjust their settings.

  3. Begin payroll deductions after that opt-out window closes.

  4. Remit employee contributions each pay period.

Employers must submit all employee contributions by the last day of the month following the month in which the corresponding wages were paid. Nonetheless, employers have no fiduciary responsibility for investments or plan management. Vestwell will administer the program, and The Bank of New York Mellon serves as custodian.

Exemptions and Existing Plans

Employers that already offer a qualified retirement plan are exempt from Secure Choice requirements but must certify their exemption through the portal. Certification helps the State track compliance and avoid unnecessary reminders or enforcement actions.

Enforcement and Penalties

The State has the authority to establish penalties for employers that do not register or remit contributions. As of now, however, no penalty schedule has been published. Enforcement guidance is expected closer to the 2026 registration deadlines.

Accordingly, you should monitor program updates in 2025 for the release of final enforcement procedures.

Practical Steps for Employers

1. Confirm coverage and timing.
Determine your employee count and identify which 2026 deadline applies to your business. Some companies will be close to the thresholds and need to carefully analyze their coverage status.

2. Decide whether to register or certify an exemption.
If you already sponsor a retirement plan, log in to the portal and certify your exemption. If not, register and prepare your payroll system for deductions.

3. Prepare for the 30-day employee opt-out window.
After you upload employees, the program will notify them directly. Payroll deductions begin only after this period expires.

4. Coordinate with your payroll provider.
Ensure your payroll system can support Secure Choice deductions and remittances.

5. Train HR and payroll staff.
They should understand the employer’s limited role—facilitating payroll deductions and data maintenance only. Employers may not provide investment or tax advice.

Why New York Secure Choice Matters

Secure Choice shifts the default for New York employers that don’t sponsor a plan. If you’re covered, you must either implement your own qualified plan or register with the State program on the applicable 2026 timeline. Taking proactive steps now will help you avoid last-minute compliance issues and ensure a smooth rollout when your registration window opens.

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2026 New York Minimum Wage

2026 New York Minimum Wage Rates

Do you know the 2026 New York minimum wage? Actually, there are different minimum wages for different parts of the state and different industries. Employers must be ready by the end of the year to meet the new requirements that apply to their employees.

The 2026 New York minimum wage rates are shaded in blue in the tables below. The changes take effect on January 1, 2026.

[Follow us on LinkedIn for frequent updates for New York employers.]

Looking for the full history and regional rates? See our
New York Minimum Wage Guide for current data and long-term trends.

Standard New York Minimum Wage

The 2026 New York minimum wage again varies by geographic location and sometimes by industry.

For most private employers, the 2026 New York minimum wage in the following chart applies. This chart also applies for non-teaching employees of public school districts or a BOCES. However, there is no New York minimum wage for other employees of public (governmental) employers (but the federal minimum wage of $7.25 still applies in those cases).

The chart also shows the 2025 rate for comparison.

General Minimum Wage Rate Schedule
Location 2025 2026
NYC, Long Island, & Westchester $16.50 $17.00
Remainder of New York State $15.50 $16.00

* After 2026, future New York minimum wage increases will occur based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region. In other words, the minimum wage will be indexed to inflation.

We’ve created a unique minimum wage impact calculator to help you evaluate what the increase will mean for your business.

Minimum Wage for Tipped Employees in the Hospitality Industry

New York State maintains separate minimum wage rules for employees in the hospitality industry (restaurants, hotels). The base (non-tipped) minimum wage for those workers follows the general schedule above. But for certain tipped employees, employers may count a portion of gratuities toward meeting the wage requirement (the “tip credit”).

New York has distinct cash wage + tip credit schedules for two classes of tipped hospitality employees: food service workers and service employees.

Food Service Workers

food service worker is any employee who is primarily engaged in serving food or beverages to guests, patrons, or customers in the hospitality industry who regularly receive tips. This includes wait staff, bartenders, captains, and busing personnel. It does not include delivery workers.

Hospitality Industry Tipped Minimum Wage Rate Schedule (Food Service Workers)
Location 2025 2026
NYC, Long Island, & Westchester $11.00 Cash / $5.50 Tip $11.35 Cash / $5.65 Tip
Remainder of New York State $10.35 Cash / $5.15 Tip $10.70 Cash / $5.30 Tip

Service Employees

The next schedule applies to other service employees. A service employee is one who is not a food service worker or fast food employee who customarily receives tips above an applicable tip threshold (which also follows schedules, not shown here).

Hospitality Industry Tipped Minimum Wage Rate Schedule (Service Employees)
Location 2025 2026
NYC, Long Island, & Westchester $13.75 Cash / $2.75 Tip $14.15 Cash / $2.85 Tip
Remainder of New York State $12.90 Cash / $2.60 Tip $13.30 Cash / $2.70 Tip

Overtime Threshold

Alongside minimum wage increases, the salary thresholds for New York’s executive and administrative exemptions from overtime also rise effective January 1, 2026. These state thresholds are above the federal FLSA threshold of $684/week.

There is no salary requirement for New York’s professional exemption. However, employers must also satisfy the FLSA threshold for most professional employees. Doctors, lawyers, and teachers do not have a salary requirement for exemption.

Executive & Administrative Exemption Weekly Salary Threshold Schedule
Location 2025 2026
NYC, Long Island, & Westchester $1,237.50 $1,275.00
Remainder of New York State $1,161.65 $1,199.10

Prepare Now for the 2026 New York Minimum Wage

New York employers should begin reviewing and updating their compensation plans now to comply effective January 1, 2026.

You may need to:

  • Increase hourly wages for employees currently near or below the new rates;
  • Adjust the cash wage component for tipped employees (ensuring the tip credit is properly applied);
  • Review exempt classifications to ensure salaries meet the new thresholds; and
  • Reclassify some employees from exempt to nonexempt if their salary will not satisfy the new requirement.

And remember: the 2026 New York minimum wage rates are only the next step. Starting in 2027, minimum wage increases are projected to be tied to inflation (via CPI-W) unless an “off-ramp” is triggered.

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New York Unemployment Benefits

New York Unemployment Benefits Increase in October 2025

Beginning in October 2025, New York will substantially increase the maximum weekly unemployment benefit. It will jump from $504 to $869. The elimination of the state’s long-standing federal debt from the unemployment insurance trust fund made the move possible. With the debt finally repaid, benefit levels that had been frozen for more than a decade are now being adjusted upward in one move.

For unemployed workers, this increase provides a stronger safety net. For employers, however, it means that the potential cost of unemployment claims will rise considerably, especially for employees whose wages already placed them near the old benefit ceiling.

Financing Changes to the System

As part of the same policy shift, New York has announced that the Interest Assessment Surcharge—an extra cost that employers have been paying for years to cover interest on the trust fund debt—will go away. At the same time, the state plans to increase the taxable wage base in 2026 to help rebuild the trust fund’s reserves. When the taxable wage base increases, employers pay unemployment taxes on a larger portion of each employee’s wages. Thus, even with declining 2026 rates, employers could still see higher UI costs since more wages are subject to tax.

What This Means for Employers

The most immediate impact for employers is greater exposure when employees file claims. A discharge or layoff that previously resulted in benefits capped at $504 per week will soon trigger payments of up to $869 per week. Employers that experience high turnover, seasonal layoffs, or workforce reductions will notice this difference most quickly.

The longer-term effects are tied to the financing structure. The elimination of the surcharge is welcome, but the higher taxable wage base could offset some of that benefit. Payroll and HR teams will need to pay close attention to their unemployment contribution rates when 2026 arrives. Both the rate and the base will factor into actual liability.

Try the interactive calculator we’ve built to see your potential unemployment insurance exposure under the new rules.

New York Unemployment Benefits Increasing

Preparing for the Change

Employers should take time now to assess how these changes will affect their operations. Finance and HR leaders may want to model the cost of separations under the new maximum benefit. Doing so will ensure that workforce planning and budgeting accurately reflect the higher exposure. Companies that offer severance should also consider whether more generous unemployment benefits may influence employee expectations in separation negotiations.

While the October 2025 increase purports to modernize New York’s unemployment system, it creates very real financial considerations for businesses. Taking steps now to understand and plan for those changes will reduce the likelihood of surprises once the new benefit levels take effect.

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